al-Mut'ah (Temporary Marriage)

An image depicting the decor of an average wedding with the phrase “Temporary Marriage”. The image intends to show that despite the objections and misconceptions of some people regarding the practice, it remains a legitimate form of marriage in Shi'a Islam.

The belief in and practice of temporary marriage is one of the major differences between Sunni and Shi’a traditions.

According to Shi’a customs, temporary marriage entails that a Muslim man may marry a Muslim woman or non-Muslim woman (from amongst the people of the book) for a pre-determined period of time.

The man is required to give the woman an agreed dowry. The marriage is conducted by reciting an oral contract, which is recited by both parties entering into the marriage.

Apart from the length of the marriage, the main difference between a temporary marriage and permanent marriage is that no divorce is necessary to dissolve the relationship and the wife in a temporary marriage doesn’t have the same inheritance rights granted to a wife in a permanent marriage.

An image of two roses behind two rings. While in some Muslim cultures these symbols do not represent marriage in the same way as in a western society, nonetheless it is important to remember that temporary marriage is still a form of marriage.

One practice for which the Shi’a are often criticised for is the belief in temporary marriage. This entry aims to clarify the nature of temporary marriage, its history and scope.

The Definition and Nature of the Practice of Temporary Marriage

Temporary marriage is practiced by Shi’a, and is referred to in Arabic most frequently as either Zawaj al-Muwaqqat (literally, marriage for a set period of time) or Mu’tah (derived from the Arabic word for pleasure).

Entire volumes of work have been written by Jurists about the conditions of temporary marriage and the philosophy behind it.

Temporary marriage entails that a Muslim man may marry a Muslim or non-Muslim woman (from amongst the people of the book) who is mature, independent or has permission from her guardian (should this be the first marriage she enters) and that the two individuals in question are not in any way related to one another according to the injunctions laid out by Islam.

Should the woman entering into the marriage be a divorcee or a widow, she must observe the Iddah period which is obligated by Islam prior to entering into the marriage contract.

The man then gives the woman an agreed upon dowry which is a gift of a financial or material nature. The couple involved can stipulate the fixed period of how long they wish to be married for, and after that has been verified, the marriage is conducted through the recitation of an oral contract which takes the form of the following Arabic formula recited by the woman entering into the marriage:

“I marry you with the dowry of (X amount) for the time period of (X amount)”

To which the man should recite:

“I accept”

The marriage is thereafter immediate in effect and the bride and groom remain married for the agreed period of time, and then separate without the need for a divorce.

Should the husband wish to end the marriage early, it can be achieved with a mutual agreement. Just like in a permanent marriage, if the couple separates, the woman must observe the Iddah period if the marriage was consummated.

If any children are born from the marriage, then like a permanent marriage contract, the father has a legal obligation to provide financially and morally for his child.

The key difference between Mu’tah and a permanent marriage is that the wife of a Mu’tah marriage does not possess the right to inherit from her husband due to the temporary nature of the relationship.

Amongst the numerous practices and beliefs of the Shi’a which are often misunderstood for is the practice known as Mu’tah or temporary marriage as it is referred to in English. This practice is often misunderstood and consequently attacked and criticised by both Muslims of other schools as well as non-Muslims.

This entry aims to clarify the nature of temporary marriage, its history and scope. It will also address the misconceptions which have been propagated in regard to the practice.

The Definition and Nature of the Practice of Temporary Marriage

Temporary marriage is a practice which is still practiced by Muslims adhering to the Shi’a Ithna Ashari School of Jurisprudence. It is most frequently referred to in Arabic as Zawaj al-Muwaqqat (literally meaning marriage for a set period of time) or Mu’tah (derived from the Arabic word for pleasure).

There are entire volumes dedicated to the jurisprudential nature of the practice of Mu’tah, however, it shall suffice to summarise a brief definition of this form of marriage and how it differs from permanent marriage.

Temporary marriage entails that a Muslim man may marry a Muslim or non-Muslim woman (from amongst the people of the book) who is mature, independent or has permission from her guardian (should this be the first marriage she enters) and that the two individuals in question are not in any way related to one another according to the injunctions laid out by Islam.

Should the woman entering into the marriage be a divorcee or a widow, she must observe the Iddah period, which is obligated by Islam prior to entering into the marriage contract.

The man then gives the woman an agreed upon dowry of financial or material nature. The couple involved must stipulate the fixed period of how long they wish to be married for, and after that has been verified, the marriage is conducted through the recitation of an oral contract which takes the form of the following Arabic formula recited by the woman entering into the marriage:

“I marry you with the dowry of (X amount) for the time period of (X amount)”

To which the man should recite:

“I accept”

The marriage is thereafter immediately in effect and the bride and groom remain married for the agreed period of time, and then separate without the need for a divorce.

Should the husband wish to end the marriage early, it can be achieved with a mutual agreement. Just like in a permanent marriage, if the couple separates, the woman must observe the Iddah period if the marriage was consummated.

If any children are born from the marriage, then like a permanent marriage contract, the father has a legal obligation to provide financially and morally for his child, ensuring that neglect does not occur once the marriage comes to an end.

One of the key differences between Mu’tah and a permanent marriage is that the wife of a Mu’tah marriage does not possess the right to inherit from her husband due to the temporary nature of the relationship.

The Nature of Temporary Marriage

It is universally recognised that the Prophet Muhammad during the Medinan phase of Islam (the duration of his Prophethood in the city of Madinah), had given permission for his companions and the early Muslims to practice temporary marriage whilst away from their families. This was due to the long periods of time away while engaging in military expeditions.

Under these circumstances, men were given permission to engage in marriages of a stipulated limited time period.

While the original reason for the granting of temporary marriages arose during periods of unrest, the custom endured and the practice continues today.

To cite but one example:

A narration can be found in the Musnad of Abi Dawood al-Tayalsi, the Sunni traditionalist which records the response of Asma’a b. Abi Bakr, the daughter of the first Caliph, to a question regarding the permissibility of temporary marriage in which she states:

“'We performed this during the lifetime of the messenger of God (Muhammad) (s)”

Justification of Temporary Marriage from the Qur’an

“Also (forbidden are) women already married, except those (slaves) whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek them (with a dowry) from your property, desiring chastity, not fornication. So with those among them whom you have done mu’tah with, give them their required due, but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise”
Quran [4:24]

The above cited verse of the Qur’an outlines those who are permitted and forbidden for one to enter in marriage with, in the underlying passage which has been translated as “whom you have done Mu’tah with.” The specific Arabic word used is ''Istamta'tum'' derived from the same root word as ''Mu’tah''. What is even more curious about the verse for those who deny its revelation in the context of temporary marriage is that the verse is either introducing Mu’tah marriage and the need to give a dowry, or is repeating itself in the space of one verse (in regards to providing dowry to a permanent wife) which seems improbable and aimless.

The renowned Jurist Abd al-Husayn Sharaf al-Din al-Musawi (d. 1377/1957) in his work “Masa’il al-Fiqhi” (Questions of Jurisprudence) notes that according to the Imams of the Ahlulbayt as well as numerous other companions of the Prophet (s.a.w) including Ubayy b. Ka’ab, Abdullah b. Abbas and Sa’id b. Jubayr, the above highlighted verse was revealed in regard to Mu’tah.

It is therefore established belief of the Shia that Mu’tah was indeed practiced by the early generation of Muslims and that it was legislated whilst in the city of Madinh al-Munawarrah. The Shia further state that the above verse demonstrates this fact It is therefore necessary to discuss whether or not the practice was ever abolished during the lifetime of the Holy Prophet (s.a.w) as is the jurisprudential position of the Sunnis on that.

Debates Over Whether Mu’tah was Abolished

Non-Shi’a schools of Islam believe that Mu’tah was abolished. The discussion pertaining to its abolishment are however slightly complicated, and for the sake of clarity, this entry shall look at different claims put forward by those who maintain the practice was ended.

Those opposing the practice of Mu’tah have put forward four divergent opinions about the date on which it was banned.

These dates are purported to be as follows:

1) During the day that Khaybar was conquered

2) On the day of the conquest of Makkah

3) The battle of Tabuk

4) The final pilgrimage of the Holy Prophet (s.a.w).

It is worthy to note that if the practice had actually been abolished, there most likely would not be a disagreement as to when it was practiced since the life of the Prophet (s.a.w) has been so heavily documented by Muslims. Some may respond that the first cited occasion has been generally held to be the most plausible during which the practice was finally abolished; however an analysis of the narrations would certainly not indicate as such.

One of the often cited narrations which is highlighted for the banning of Mu’tah marriage is the following narration ascribed to Abdullah b. ‘Umar.

Sahih Bukhari Volume 5, Book 59, Number 526:

Narrated Ibn Umar:

On the day of Khaiber, Allah's Apostle forbade the eating of garlic and the meat of donkeys.

What is unique about this particular narration extracted from the most authentic Hadith compilation of the Sunni school of thought is that on the day of Khaybar, not only was Mu’tah forbidden but also forbidden was the eating of garlic. This begs the question as to why garlic is therefore no longer viewed as forbidden by the Sunni schools of Jurisprudence, if indeed it ever was, and opens up the possibility to investigating whether or not the prohibition according to such a Hadith was merely one that lasted a day.

Another reason why Muslims would be correct in rejecting these narrations is the principle that the clear Qur’anic injunctions cannot be over-ruled or abolished by solitary Hadith reports (some Jurists even argue that widely transmitted reports cannot over-rule the Qur’an). Hence in the absence of any Qur’an verse to ban the practice, it cannot be accepted at face value that it was ever banned during the life of the Prophet (s.a.w).

This view can be supported by analysing the statements of the second Caliph, who during his speeches announcing the ban, certainly makes manifest that he is introducing a new enforcement which did not earlier take place.

Qur’anic Verses Abolish Mu’tah?

Some claim that the Qur’an itself has banned the practice of temporary marriage by citing the following verse:

“And they who guard their private parts, except from their wives or those their right hands possess, for indeed, they will not be blamed.”

(Qur’an, 23:5-6)

Such a claim is problematic, however, for two particular reasons, primarily because the chapter in question was revealed in Makkah while the verse which was revealed in the context of the permissibility of Mu’tah was revealed in Madinah.

This fact alone makes it impossible for Mu’tah to have been prohibited by the Qu’ran. Further, in light of the fact that many of the companions of the Prophet (s.a.w) were still practicing Mu’tah prior to the abolition of the practice by Ibn Umar demonstrates that the verse was not understood to have over-ridden the other.

The second claim put forth is that the verse calls upon the believers to abstain from relations outside of marriage and concubines, however, the response is extremely simple; a temporary wife is still a wife none the less.

Common Objections Levelled at the Practice of Mu’tah

Whilst it is not the aim of this short entry to comprehensively analyse and respond to all objections levelled at the practice of temporary marriage, it is necessary to address at least a few of these objections in order to clarify the view of Shi’a and demonstrate that they have not merely overlooked these objections.

The Argument that Temporary Marriage is Immoral

Some have argued that temporary marriage is immoral in light of Islamic morality, and that Islam promotes permanent marriage as an alternative. In response to this argument, Imami Jurists point out that the Prophet (s.a.w) at one point had introduced temporary marriage as a viable solution and practice for all Muslims. Therefore, this accusation would be suggesting that the Prophet (s.a.w) and therefore God would have legislated something immoral for the Muslims to practice, something which every Muslim would disagree with.

The Argument that Temporary Marriage Existed as a Jahiliyyah Form of Marriage yet was Gradually Abolished

Some will try and argue against this response by acknowledging that the practice was once allowed by the Prophet (s.a.w), however, it was a pre-Islamic practice which was continued for a period of time (like the gradual phasing out of drinking alcohol) in order to make life easier for the early Muslims, thus rendering the practice as still being immoral by Islamic standards.

In response to these claims, it would suffice to quote Aisha, the wife of the Prophet (s.a.w), citing in a Hadith the numerous types of marriage which had previously existed in Arabia at the time:

“Aisha the wife of the Prophet told him that there were four types of marriage during the Pre-Islamic period of ignorance.

One type was similar to that of the present day, i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her a dowry and then marry her.

The second was that a man would say to his wife after she had become clean from her period, "Send for so-and-so and have sexual relations with him." Her husband would then keep away from her and would never sleep with her till she gets pregnant from the other man with whom she was sleeping. When her pregnancy became evident, her husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called Al-Istibda.

Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relations with her. If she became pregnant and delivered a child and some days had passed after her delivery, she would send for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know what you have done, and now I have given birth to a child. So, it is your child, O so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him.

The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix red flags at their doors as signs, and he who wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qaifs (persons skilled in recognizing the likeness of a child to his father) to them and would let her child follow the man (whom they recognized as his father) and she would let him adhere to him and will be called his son. The man could not refuse all that.

But when Muhammad (s) was sent with the Truth, he abolished all the types of marriages observed in the Pre-Islamic period of ignorance except the type of marriage the people recognize today”

(Sahih al-Bukhari)

This narration categorically shows that the types of marriage that occurred during the era of Jahiliyyah did not include temporary marriage, and hence it was an area which was newly legislated by Islam and therefore cannot be considered to be immoral, since God is considered by all Muslims to be the standard of morality.

The Argument that Temporary Marriage was a Special Dispensation Allowed by the Prophet (s.a.w) for the Ease of his Companions then was Abolished

Some have also argued against the Shi’a practice of temporary marriage by stating that the practice, whilst not necessarily immoral, was a practice that was legislated out of mercy for the companions who moaned out of frustration due to their extremely heavy desires whilst travelling away from their spouses. This extreme tension felt by the companions was responded to by the legislation of temporary marriage as a mercy to cater for their needs, yet was later abolished by the Holy Prophet (s.a.w).

Shi’a scholars would respond to this accusation by arguing that God and the Holy Prophet (s.a.w) showed mercy to all of mankind and not just the first generation, namely the Prophet’s (s.a.w) companions. As a result, their mercy if it extended to the companions for such a reason would not have a basis to be terminated with the rest of the Muslims who suffer from the same needs and desires.

Conclusion

It has been demonstrated that the practice of temporary marriage was legislated by God and this is evident from the statements of the early Muslims, the Qur’an and numerous prophetic statements.

Whilst some have claimed this was abolished, there is not sufficient or concrete evidence to suggest that this was so.

The Qur’an Ayah legislating the acceptance of Mu’tah marriage is not accompanied by any other verse which overrules its original meaning. Separately, the vast majority of narrations used to argue that it was banned at some point in history all stem from isolated chains of transmission which are mutually contradictory.

In light of this, Shi’a Jurists have argued based upon the teachings of the Imams of the Ahlulbayt that the marriage is still legal and will remain so until the day of judgement.

This view is supported by the Prophetic Hadith “Halal of Muhammad is Halal until the Day of Judgement.”

There are small but contentious differences in how the Shi’a and Sunni Muslims pray. The prayer rituals of the Shi’a are distinct, and have drawn criticism from non-Shi’a schools. The first major misunderstanding regarding the prayer of the Shi’a is the misconception that Shi’a perform the five daily prayers on three occasions as opposed to five like the Sunnis.